In 2019 in the state of Ohio, there were 12,301 arrests for DUI/OVI. A first-time arrest for DUI/OVI in the state carries significant penalties, but a third-offense DUI/OVI carries even tougher penalties, including jail time. If you’ve been arrested for a 3rd offense DUI, you are likely extremely anxious about your future—and with good reason. The benefit of speaking to an experienced Centerville third DUI lawyer from Horwitz & Horwitz absolutely cannot be overstated. And the sooner you contact an attorney, the better outcome you can expect.
You cannot afford to lose any time at all following these very serious charges. The sooner you have an experienced Centerville third DUI lawyer on your side, the better your outcome will be. Not only are you facing severe court penalties if convicted for a third offense DUI/OVI, but you will also face collateral consequences that can follow you for many years to come. While it is normal to feel anxiety and stress, the sooner you have a knowledgeable attorney building a strong defense on your behalf, the better you will be.
What Happens if You Are Sentenced to a Third DUI in Ohio?
While the circumstances regarding your third offense DUI/OVI may differ from those of your first two DUI charges, the legal process is much the same. After being charged with DUI/OVI (due to your BAC being at or above the legal limit), the law enforcement officer will issue an administrative license suspension that immediately suspends your driving privileges. You can appeal this suspension within 30 days of the initial appearance, which must be held within five days of your arrest.
When you contact a Centerville third DUI lawyer, he or she will immediately get to work obtaining evidence on your behalf and analyzing every aspect of the case against you. This evidence will include the officer’s actions, to determine whether evidence was incorrectly gathered or there were any procedural violations. At your arraignment, your DUI attorney could potentially be able to resolve your case with a plea deal for a stipulated reduction (reducing your third DUI/OVI to a second). Otherwise, you will enter a plea of not guilty, and a future court date will be set.
What Penalties Could You Face Following a Third DUI in Ohio?
The state of Ohio has a “lookback” period that allows the state to look back and use any prior OVI convictions against you. The lookback period was six years until Annie’s Law increased the lookback period to ten years. It is important to remember that this lookback period applies to criminal refusals of chemical tests and plea arrangements as well as to DUI/OVI convictions.
The penalties for a third DUI conviction will vary according to your BAC and the circumstances surrounding your prior DUI offenses. A third DUI “low tier test” will result in first-degree misdemeanor charges. This means your BAC was between 0.08 and 0.17 percent, and that this is your third DUI within the past ten years.
At this level, punishments can range from thirty days to one year in jail—or 15 days in jail plus 55 days of house arrest and up to one year in jail. Your fines could start at $850 and go as high as $2,750. You could face a license suspension of two to ten years, restricted license plates, and a mandate to have an ignition interlock device installed on your vehicle.
A third DUI/OVI high-tier test will result in even harsher penalties if convicted. If your BAC is at 0.17 percent or higher your charges will still be a first-degree misdemeanor, however, you will spend at least 60 days in jail rather than thirty, with the same fines and administrative penalties as those for a low-tier test.
If you refuse a chemical test, you could face at least 60 days in jail, up to a maximum of one year in jail, face fines of $850 to $2,750, and will be required to participate in a mandatory substance abuse counseling program. You will also face a license suspension between two and ten years and will be required to install an ignition interlock device on your vehicle.
Unless your attorney can have your charges lessened or dismissed, you will almost certainly spend time in jail for an Ohio 3rd offense DUI/OVI. Getting your license back before the time stated at the time of your conviction can also be difficult. The best thing you can do is to speak to a highly experienced DUI/OVI attorney from Horwitz & Horwitz about your charges as quickly as possible.
How Can a Third DUI Affect Your Reputation?
Not only will you face serious legal penalties if convicted of a third DUI/OVI, but you will almost certainly also face the collateral consequences that come with a DUI conviction. Your job may be affected by your DUI conviction. If you have a CDL or must drive for your job, the loss of your driver’s license could result in you being fired from your job. If you spend time in jail, it is unlikely you will be able to retain your job. After you have paid your penalties and served your jail time, getting another job can be an uphill battle. When your background check for a potential employer turns up a third DUI conviction, you are unlikely to be hired for most jobs.
If you have a professional license—like a doctor, lawyer, nurse, accountant, dentist, personal trainer, real estate broker, or cosmetologist—you could potentially lose that license and your ability to make a living. If you are in a profession like teaching, clergy, law enforcement, or other similar professions, you could lose a job you trained for and enjoy. Financially speaking, once you get your driver’s license back you could find it almost impossible to afford your auto insurance rates.
Court costs, fines, and the cost associated with an ignition interlock device can add up very quickly. Under some circumstances, your vehicle could be impounded. Even renting a home or apartment can be more difficult with a third DUI/OVI conviction on your record, and you may be unable to secure a federal loan for higher education. If you happen to be a college student at the time of your arrest, you could face suspension from college or other disciplinary actions.
How Can a Centerville Third DUI Lawyer from Horwitz & Horwitz Help You Plan Your Defense?
When you choose Horwitz & Horwitz as your third-offense DUI lawyer, you can rest assured that we do not strive to be like other law firms—we strive to be better. “Better,” means more thorough and more aggressive when fighting for your rights and your future. Attorneys Jonathan Horwitz and Barbara Horwitz understand that sometimes bad things happen to good people and that one bad decision should not define the rest of your life. With 53 years of combined experience, Barbara and Jonathan founded Horwitz & Horwitz in 2009 to provide quality service with a personal touch to all clients. Jonathan, as a former prosecutor, has a definite advantage in criminal law cases like DUI/OVI.
We will work closely with you to come up with a strategy that is designed to achieve the best possible outcome. Because we would rather be great in a few areas than average in many, we are focused on criminal and juvenile law. Our attorneys will handle your case from start to finish—you will never be “handed off” to other staff members. If you are in Centerville, Springboro, Beavercreek, Miamisburg, or Kettering and are facing a third DUI/OVI, you can benefit from our experience and knowledge. We know this is a stressful time in your life, and we are here to help. Contact Horwitz & Horwitz today.